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5. ' Additional Restrictions: No part of the Property shall be used by Grantee or any other Grantee Party for a quick
<br />service or take-out restaurant,
<br />The above covenants and use re ctions bin and .rdstrict the Property as covenants and restrictions running with- the
<br />land and are deemed to benefit Grantor at n 04410b lasseetof lands in Anoka County, Minnesota, or as the operator of retail
<br />operations in such County. This restrictiverioveroent:ririll re.main in full force and effect indefinitely, unless waived in writing by
<br />Grantor (at which time this restrictive covertfint will'Iapsa and tdrminate and be of no further force or effect).
<br />6. Certain Environmental Covenants:
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<br />6.1 Cooperation: Grantee and each of (he other Grantee Parties agrees to cooperate with Grantor and with all
<br />local, state, and federal environmental agenbies havinglifiriadt4tion over the Property in obtaining environmental site closure, to
<br />commercial standards, for any :environmental co?tarnfnation elating to or arising out of Grantor's prior use of the Property.
<br />Said cooperation may include, but not be 'kited to, theffollowirfg:
<br />(I) execution of any and; all documentation as may be necessary, in Grantor's sole discretion, to obtain
<br />environmental site closure for the Property (which documentation may (x) include a LUST Form, in form and .
<br />substance acceptable to Grantor, ;and/or (y) i%nPose'turther use and .operating restrictions (and/or use and operating
<br />restrictions similar to those set fetth -iri -this Attachment #2) on the use of the Property by Grantee and the other
<br />Grantee Parties);
<br />(it) attendance at any* ;rpeetfngs . requested by Grantor relating to environmental contamination and
<br />remediation efforts an the Propertyi (and/or ar)yegntamination that may: have migrated from the Property to adjacent •
<br />properties); and/or
<br />(iii) such other further reasonable acjs.°as may be required in. order to obtain environmental site closure for .
<br />any past, present, or future envh4nmental incident relating to Grantor's prior use, ownership or operation of the -
<br />Property. '
<br />(iv) should Grantee or an iGrantee:P.artyfailor refuse to sign such documentation, or are unavailable to sign •
<br />such documentation (after reasons dle Inqulry.tjyi.Gran(or (such reasonableness to be determined by Grantor in its sole
<br />discretion)), Grantee Or Grantee • eartles. hereby 'irreyocably appoint any Environmental Business Manager of BP
<br />Products North America Inc., flk/a Amoco Pit pompartiy, (or any successor corporation thereto), as its attorney -in -fact •
<br />to sign and execute such documenetion.for and On behalf of Grantee or Grantee Parties.
<br />Grantee and each of the other .Grantee -Pa(rttes further authorizes Grantor to. record one or more "No Further
<br />Remediation Letters" or similar documents[agairmst-the propafty, if and when the same is/are obtained by Grantor from the
<br />Minnesota Pollution Control Agehcy (or any successor dgency).'.
<br />The above covenants and use restrictions: bind, and.reetrict the Property as covenants and restrictions running with the
<br />land and are deemed to benefit Grantor as• itt owner orilessee Of lands in Anoka County, Minnesota, or as the operator of retail
<br />operations in such County, Thejse restrieti 4 covenants wjil ririnain in full force and effect indefinitely, unless waived in writing
<br />by Grantor (at which time these restrictive covenants will lapse'and terminate and be of no further force or effect).
<br />6.2 Acceptance of Conditionff•Prooprtic Grantee has accepted the Property, including 'without limitation its
<br />environmental condition, in "AS .IS" conditlgrj, subjectsOnly to;any covenants and obligations of Grantor to Grantee which are
<br />expressly set forth in the Real Estate Contra t between! Grantor, as seller, and Grantee, as buyer, with respect to the Property
<br />(or any other documents or instruments exec ited and d'eiivere,diby Grantor and Grantee pursuant to said Real Estate Contract)
<br />(collectively, "Contractual Obligations"). G`r;tntee ackdoWledgfrs that the purchase price which it has paid for. the Property
<br />reflects: (i) the fact that each and all of the c+ove'na'nts end restrictions set forth in this Attachment #2 shall be recorded against
<br />the Property and shall be binding on Grants `and: the:other Grahtee Parties, (II) the fact that.Grantee has agreed to acquire the
<br />Property, including without limitation its enytronmentat'.conditien, in "AS IS" condition (subject only. to Grantor's Contractual •
<br />Obligations (if any) to Grantee); and (iii) th fact that _Grantee has agreed to "acquire the Property subject to the presence,
<br />whether known or unknown, of :any environmental: conteepinWtjon which may have occurred during or prior to the period of
<br />Grantor's ownership, use and/or operation of the.. Property `(Subject only to Grantor's Contractual Obligations (if any) to
<br />Grantee).
<br />The above covenants and use restrietions'bindFand restrict the Property as covenants and restrictions running with the
<br />land and are deemed to benefit Grantor as an owner or Iesseeof lands In Anoka County, Minnesota, or as the operator of retail
<br />operations in such County. These restrictive:covonants wfil'remain in full force and effect indefinitely, unless waived in writing
<br />by Grantor (at which time these restrictive cdVenantsiwil(lapse=and terminate and be of no further force or effect).
<br />6.3 Dealings with Governmerkil -Authorities- and Third Parties: In the event that Grantee or any other Grantee
<br />Party receives any notices or corresponde)(ce ' from a y. local'; state or federal govemmental authorities or any third party
<br />relating to the environmental condition of the;-Qroperty, •C ranter Or such Grantee Party (as applicable) shall immediately forward
<br />a copy of same to Grantor. Grantor shall the, right (bl.r( not the obligation) to participate with Grantee and the other
<br />Grantee Parties in negotiations with and s(ibmissions .of reports and information, including permits, to any local, state and
<br />federal governmental authorities:(including; ithpirrliiniation,°the Minnesota Pollution Control Agency). Except to the extent
<br />required under applicable law or by court or. r of a_coi,lrt of competent jurisdiction, neither Grantee nor any other Grantee Party
<br />shall submit reports or information regardin :any, envir6nment 1. conditions present at (or migrating from) the Property which
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